Neutral Citation No. - 2025:AHC:112881 Court No. - 52 Case :- WRIT - A No. - 8361 of 2025 Petitioner :- Smt. Rashmi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jagannath Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. R.K. Ojha, learned counsel for the petitioner, Mr. H.N. Singh, learned counsel for respondent nos.4 and 5 as well as learned Standing Counsel for the State-respondents. The present petition has been filed with a prayer to quash the impugned suspension order dated 20.05.2025 passed by the District Basic Education Officer (B.S.A.), Aligarh and a further prayer to direct the respondent nos.4 and 5 not to harass the petitioner due to some political pressure. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Assistant Teacher in Uccha Prathmic Vidyalaya (Class I to VIII), Bulakipur, Block- Tappal, District-Aligarh on 24.09.2015 and since then, she has been continuously discharging her duties up to the satisfaction of the authorities concerned. He further submits that a dispute arose with regard to a temple which exists in the premises of the aforesaid school. The petitioner who was discharging her duties as the Head Mistress of the aforesaid school from the month of August, 2018 was placed under suspension on the ground of the dispute of temple and also the fact that out of 131 students mentioned in the mid-day-meal register, only 62 were present and had availed the mid-day-meal. The aforesaid order was passed on some inquiry which was conducted on complaint of some villagers and a report dated 16.07.2025 was relied upon. He further submits that the aforesaid inquiry was conducted behind the back of the petitioner without giving any notice or opportunity of hearing. The suspension order speaks about some inspection by Block Education Officer, Block- Tappal, District- Aligarh for which there is nothing on record to show that any such authority has visited the institution for any such inspection. From the records of the session 2025-2026, total of 59 students are enrolled and admitted and 35 students are recorded on IVRS Data for mid-day- meal. On 16.05.2025, 20 students were present in the primary section and 15 students were present in the upper primary section thus, the alleged allegation in the suspension order regarding presence of 62 students and 131 students being recorded in the mid-day-meal is bad. The petitioner is a pregnant woman who is being harassed since last several months and presently has been placed under suspension without giving notice or opportunity of hearing that too on the basis of some inquiry which has been conducted incorrectly. The learned Standing Counsel for the State as well learned counsel for respondent nos.4 and 5 could not dispute the aforesaid fact that the order has been passed in violation of principles of natural justice relying upon such inquiry report which has not been given to the petitioner. Accordingly, the writ petition is allowed. The impugned order dated 20.05.2025 passed by the respondent no.4- District Basic Education Officer, Aligarh is hereby set-aside. The matter is remanded back to respondent no.4- District Basic Education Officer, Aligarh for decision afresh, on merits, strictly in accordance with law, by means of reasoned and speaking order, after giving fresh notice and opportunity of hearing to the petitioner, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad